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10-12-1993 CCM.y MINUTES REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, OCTOBER 12, 1993 1. The meeting was called to order at 7:30 P.M. by Mayor Ackland. The following were present: Mayor Paul L. Ackland, Councilmen John Mlinar, Marlin Torgerson and Don Erickson. Absent: Coun- cilman Craig Lenz. Also present: City Administrator Gary D. Plotz, Director of Engineering John Rodeberg and City Attorney G. Barry Anderson. 2. INVOCATION The invocation was given by the Reverend Walter Marth. 3. CONSIDERATION OF MINUTES The minutes of the regular meeting of September 28, 1993 and bid opening of October 4, 1993 were approved as distributed. 4. ROUTINE ITEMS (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT - SEPTEMBER 2. HOSPITAL/NURSING HOME BOARD MINUTES OF AUGUST 17, 1993 3. PLANNING COMMISSION MINUTES OF SEPTEMBER 21, 1993 4. LIBRARY BOARD MINUTES OF SEPTEMBER 22, 1993 (b) APPLICATION FROM THOMAS CLABO FOR SNOW REMOVAL PERMIT The motion to order the report and minutes filed and issue permit was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 5. PUBLIC HEARING None 6. COMMUNICATIONS, REQUESTS AND PETITIONS None 7. RESOLUTIONS AND ORDINANCES (a) RESOLUTION NO. 10061 - RESOLUTION SETTING ELECTION, LOCATIONS OF PRECINCTS, AND APPOINTING OF JUDGES FOR THE CITY OF HUTCHINSON GENERAL ELECTION CITY COUNCIL MINUTES - OCTOBER 12, 1993 The motion to waive reading and adopt Resolution No. 10061 was made by Councilman Erickson, seconded by Coun- cilman Mlinar and unanimously carried. (b) RESOLUTION NO. 10062 - A RESOLUTION ACCEPTING $162,500 FROM HUTCHINSON UTILITIES COMMISSION The motion to waive reading and adopt Resolution No. 10062 was made by Councilman Mlinar, seconded by Coun- cilman Torgerson and unanimously carried. (c) ORDINANCE NO. 93-92 - AN ORDINANCE TO VACATE UTILITY EASEMENTS IN WALNUT RIDGE ESTATES The motion to waive second reading and adopt Ordinance No. 93-92 was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. (d) ORDINANCE NO. 93-93 - AN ORDINANCE AMENDING ZONING REGULATIONS IN THE CITY OF HUTCHINSON AND THE OFFICIAL ZONING MAP The motion to waive second reading and adopt Ordinance No. 93-93 was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 8. UNFINISHED BUSINESS (a) CONSIDERATION OF PROFESSIONAL SERVICES AGREEMENT WITH RUST ENVIRONMENT AND INFRASTRUCTURE FOR BIOSOLIDS MANAGEMENT FACILITIES PLAN AMENDMENT (SLUDGE) (DEFERRED SEPTEMBER 28, 1993) Director Randy DeVries commented on the contract with RUST and the need for the City to be in compliance by February 1994. Following discussion, the motion to approve and enter into contract with RUST was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (b) CONSIDERATION OF CONSULTANT AGREEMENT FOR PHASE II AIRPORT EXPANSION (DEFERRED SEPTEMBER 28, 1993) Engineer Rodeberg discussed the consultant agreement and recommended considering the project in the 1994 budget. The motion to defer until a future Council meeting after the 1994 budget had been prepared was made by Councilman 2 CITY COUNCIL MINUTES - OCTOBER 12, 1993 Torgerson, seconded by Councilman Mlinar and unanimously carried. (c) CONSIDERATION OF APPROVING SUBDIVISION AGREEMENT FOR SANTELMAN'S THIRD ADDITION (DEFERRED SEPTEMBER 14, 1993) Following discussion, the motion to approve the subdivision agreement was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 9. NEW BUSINESS (a) CONSIDERATION OF OFFICE OF WASTE MANAGEMENT COMPOSTING GRANT Administrator Plotz reported a matching composting grant was available for a maximum of $10, 000. 00, designated for educational programs for waste reduction. The match would be 75 percent Minnesota Office of Waste Management monies and 25 percent local monies. Mr. Plotz proposed to use the City's allocation from the County for the local match. Following discussion, the motion to approve the grant application was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (b) CONSIDERATION OF BID ON SHEPPARD HOUSE Councilman Torgerson noted a $100,000.00 grant may be available to refurbish the Sheppard house. A question was raised regarding using a City employee to remodel the house. Attorney Anderson will prepare a legal opinion on the issue. Following discussion, the motion to defer until informa- tion is available on the grant was made by Councilman Torgerson, seconded by Councilman Erickson and carried unanimously. (c) CONSIDERATION OF DEMOLITION OF SHEPPARD HOUSE Following discussion, the motion to defer until informa- tion is available on the grant was made by Councilman Torgerson, seconded by Councilman Erickson and carried unanimously. 3 CITY COUNCIL MINUTES - OCTOBER 12, 1993 (d) CONSIDERATION OF DEMOLITION OF KLOCKMANN PROPERTY AT 830 ELM STREET Following discussion, the motion to approve the contract for $4,800.00 to Diamond 5 for demolition, with the stipulation that the City Administrator issue the notice to proceed, was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. (e) CONSIDERATION OF HCDC BOARD RECOMMENDATION FOR APPOINTMENT OF HCDC EXECUTIVE DIRECTOR DICK LENNES Following discussion, the motion to approve the appoint- ment of Dick Lennes as part-time Executive Director for the HCDC, effective November 1, 1993, was made by Coun- cilman Torgerson, seconded by Councilman Mlinar and unan- imously carried. The City Attorney will prepare a contract to employ Dick Lennes as an independent contractor at $24,000.00 per year. There was discussion of adjusting the 1993 budget to cover Mr. Lennes' employment for the months of November and December 1993, for approximately $2,000.00 to $2,400.00. The motion to approve contingency funds to cover the difference for the 1993 salary was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (f) CONSIDERATION OF WATER RATES It was reported the water rate adjustment for large users would be implemented over a two year period beginning January 1, 1994, with a per quarter increase of 6 cents per 1,000 gallons in 1994 and 9 cents per 1,000 gallons in 1995. A complete rate review study is proposed for 1994 or early 1995, with implementation no later than January 1, 1996. The following formula would be used: P E R Q U A R T E R (PER THOUSAND) 1994 1995 0 - 50,000 Gals. $1.10 $1.10 50,000 - 450,000 Gals. .90 .90 Over 500,000 Gals. .46 .55 4 CITY COUNCIL MINUTES - OCTOBER 12, 1993 Following discussion, the motion to approve the rate increase was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (g) CONSIDERATION OF POLICY AND PROCEDURES P150, P151, P191 AND P381 FOR POLICE DEPARTMENT Following discussion, the motion to approve the policy and procedures was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (h) ITEM WITHDRAWN (i) CONSIDERATION OF 1993 AUDIT PROPOSAL Following discussion, the motion to approve the 1993 year end audit proposal from Charles Bailly & Company, at a not -to -exceed compensation of $18,700, was made by Coun- cilman Torgerson, seconded by Councilman Erickson and unanimously carried. (j) CONSIDERATION OF PROPERTY ACQUISITION FOR 1994 IMPROVEMENT PROJECTS Engineer Rodeberg presented a report on acquisition of the following properties for 1994 improvement projects: > Outlot at intersection of Lakewood Drive and South Grade Road (Owner: Cedar Mills Rod and Gun Club) > 14 foot wide parcel of property along east side of Lakewood Drive (Owner: Adrey Johnson Estate) > Triangular parcel at corner of Arch Street and future Fifth Avenue SE river crossing (Owner: Bernie McRaith) > Property west of South Grade Road (Owner: Loretta and Darrel McDonald) The motion to authorize retaining an appraiser for appraisals on three parcels if no agreement was reached on the property was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. Engineer Rodeberg noted the McDonald property had an assessment of $18,400.00 (including interest) for a trunk storm sewer on unbuildable wetland property. Also, the City needs 1.6 acres of land for right-of-way to extend McDonald Drive. It was his recommendation to negotiate 5 CITY COUNCIL MINUTES - OCTOBER 12, 1993 an agreement with the McDonalds which would cancel the deferred assessments along School Road in exchange for the property. Following discussion, the motion to approve preparation of an agreement with McDonalds concerning the assessments against the wetland property was made by Councilman Torgerson, seconded by Councilman Erickson and unani- mously carried. (k) CONSIDERATION OF SUPPLEMENTAL AGREEMENT NO. 1, LETTING NO. 2, PROJECT NO. 93-02 (SCHOOL ROAD) Engineer Rodeberg reported Supplemental Agreement No. 1 covered unforeseen additional work on the project in the amount of $28,591.28. This cost will be submitted to State Aid for payment, and it should not increase the City's cost. As a result of the additional work, the project will be extended approximately one month from the original completion date. Following discussion, the motion to approve Supplemental Agreement No. 1 was made by Councilman Erickson, seconded by Councilman Torgerson and unanimously carried. (1) CONSIDERATION OF CHANGE ORDER NO. 1, LETTING NO. 2, PROJECT NO. 92-02 (GLEN/CEDAR/FRANKLIN/FIRST/SECOND) Following discussion, the motion to approve change order No. 1 in the amount of $53,130.10 was made by Councilman Mlinar, seconded by Councilman Torgerson and unanimously carried. (m) CONSIDERATION OF COMPENSATION REVISION FOR MAYOR AND COUNCIL MEMBERS Following discussion, the motion to waive first reading of Ordinance No. 93-94 and to set second reading for October 26, 1993 was made by Councilman Erickson, seconded by Councilman Torgerson and carried three to one, with Councilman Mlinar voting nay. (n) CONSIDERATION OF SETTING SPECIAL MEETING TO CANVASS NOVEMBER 2, 1993 CITY ELECTION Following discussion, the motion to set a special meeting to canvass the City election at 7:30 A.M. on November 3, 1993, was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. 1.1 CITY COUNCIL MINUTES - OCTOBER 12, 1993 (o) CONSIDERATION OF PURCHASE OF ONE 1994 MID-SIZE PICKUP TRUCK WITH SNOW PLOW FOR PARK DEPARTMENT Following discussion, the motion to approve the net bid from Plowman Ford of $14,884.18 with trade of 1983 S10 City vehicle with plow was made by Councilman Erickson, seconded by Councilman Mlinar and unanimously carried. 10. MISCELLANEOUS (a) COMMUNICATIONS FROM CHRIS BOATWRIGHT, AAGARD WEST Chris Boatwright reported on the past year of refuse and recycling service in Hutchinson. He expressed concern with the poor mix of recycling material. Although plastic is plentiful, there is little aluminum recycled. (b) COMMUNICATIONS FROM CITY ADMINISTRATOR Administrator Gary Plotz commented on a letter received from Dr. Steve DeKoster regarding airport hangar policy. Following discussion, the motion to refer the issue to the Airport Commission was made by Councilman Torgerson, seconded by Councilman Erickson and unanimously carried. Mr. Plotz reported the County Board voted three to two to build a household hazardous facility in Hutchinson. It was noted by the City Administrator that Peace Lutheran Church had submitted a letter of request for tax increment financing in the amount of $125,000.00 for a congregate housing project. It has the support of the HRA with the use of funding ($397,500.00) from the Minnesota Housing Finance Agency. A tax increment plan is being prepared by a consultant hired by the HRA. The HRA would like to hold a joint meeting with the Council on October 26, 1993, at 6:30 P.M. to hear a presentation by Dunbar. Following discussion, the motion to set a workshop meeting on October 26, 1993, at 6:30 P.M. with the HRA was made by Councilman Mlinar, seconded by Councilman Erickson and unanimously carried. (c) COMMUNICATIONS FROM COUNCILMAN JOHN MLINAR Councilman Mlinar noted Roberta Tabberson's letter of retirement, effective January 30, 1994, and moved to approve the retirement under Option 2. Motion seconded 7 CITY COUNCIL MINUTES - OCTOBER 12, 1993 by Councilman Erickson and unanimously carried. (d) COMMUNICATIONS FROM MAYOR PAUL L. ACKLAND Mayor Ackland stated there was a request for a street light in the mid -block of Randall Road. The motion to refer the request to the Utilities was made by Council- man Mlinar, seconded by Councilman Torgerson and unani- mously carried. (e) COMMUNICATIONS FROM CITY ATTORNEY Attorney Anderson reported the League Trust had appointed Marshall and Associates as legal counsel to defend the City in the second Junker litigation. He noted depositions from the Council members and City Administrator would be taken the last week in October. The City Attorney stated he would contact the McLeod Cooperative Power Association, but papers had been filed for a lawsuit. 11. CLAIMS. APPROPRIATIONS AND CONTRACT PAYMENTS (a) VERIFIED CLAIMS The motion to approve the claims and authorize payment from the appropriate funds was made by Councilman Torgerson, seconded by Councilman Mlinar and unanimously carried. 12. ADJOURNMENT There being no further business, the meeting adjourned at 9:40 P.M.